Under current legislation, there is no statutory right to leave for parents who lose a baby before the 24th week of pregnancy, although many employers, who are aware of the situation, will use their discretion and grant leave.
On 7 July 2025, the Government announced a late amendment to the Employment Rights Bill which, if passed, would entitle employees to a minimum period of protected bereavement leave. This is likely to be at least one week; however, it is unclear at the moment if this would be paid or unpaid leave. The right would apply to the mother who experiences the loss, but also to partners and fathers and is expected to apply from April 2027.
This announcement has been welcomed by the Miscarriage Association and Sands who both provide helpful guidance for employers and managers on how to support their employees who have suffered either a miscarriage (loss before 24 weeks), ectopic or molar pregnancy or baby loss.
Currently, Statutory Parental Bereavement Leave is only available to parents (including parents of a child born to a surrogate) who lose a child under 18 or experience a still birth after 24 weeks of pregnancy. Statutory Parental Bereavement Leave can also be available to a grandparent of the child if they had day to day responsibility for the child.
Most employers will be familiar with other changes proposed in the Bill such as changes relating to industrial action, ‘day one rights’ for certain statutory payments, and ‘fire and rehire’ restrictions, but this late addition may have escaped their notice. The Employment Rights Bill is expected to become law sometime in Autumn 2025.
A summary of other additional provisions and amendments to Employment Rights Bill can be found on the ACAS website.
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